NH House speaker: State will appeal ruling on voter registration law

DOVER -- The New Hampshire attorney general's office is preparing to appeal a court decision that will block the state's new voter registration law from taking effect, House Speaker William O'Brien said Tuesday.

By JIM HADDADINjhaddadin@fosters.com

fosters.com

By JIM HADDADINjhaddadin@fosters.com

Posted Sep. 25, 2012 at 4:00 PM
Updated Sep 25, 2012 at 5:36 PM

By JIM HADDADINjhaddadin@fosters.com

Posted Sep. 25, 2012 at 4:00 PM
Updated Sep 25, 2012 at 5:36 PM

DOVER -- The New Hampshire attorney general's office is preparing to appeal a court decision that will block the state's new voter registration law from taking effect, House Speaker William O'Brien said Tuesday.

The order was handed down by Strafford County Superior Court Judge John Lewis, who granted a preliminary injunction against the voter registration law Monday.

Lewis sided with plaintiffs who filed suit against the state, arguing a change in voter registration procedures that took effect Aug. 26 could potentially disenfranchise college students.

Republican lawmakers passed a bill this year that added new wording to the voter registration form. It required voters to sign a statement declaring they are subject to all state laws, including "laws requiring a driver to register a motor vehicle and apply for a New Hampshire driver's license within 60 days of becoming a resident."

The law was challenged in court this month by two advocacy groups -- the League of Women Voters of New Hampshire and the state chapter of the American Civil Liberties Union.

Two University of New Hampshire students and others attending Keene State College and Southern New Hampshire University were also named as plaintiffs.

They claim the Legislature is seeking to "freeze out" certain eligible voters, such as visiting college students, by requiring them to sign the new statement.

O'Brien has criticized the ruling, calling it "judicial activism of the worst sort.” In an interview Tuesday, he said a spokeswoman from the attorney general's office has indicated the state will initiate an appeal with the New Hampshire Supreme Court this week.

State attorneys will first file a motion for leave to file an interlocutory appeal, requesting for the Supreme Court to take up their case. O'Brien said House lawmakers are preparing to file an amicus brief in support of the state's case.

Under state law, voters aren't required to be permanent residents of New Hampshire to cast ballots here. Anyone who maintains a "domicile" in the state is eligible to vote in New Hampshire, including college students.

However, Republican lawmakers enacted changes this year intended to force any college student who chooses to vote in New Hampshire to also become a resident, falling under the purview of motor vehicle laws.

Republican lawmakers overcame a veto by Gov. John Lynch earlier this year to pass SB318, the bill that enacted the changes to the voter registration process.

According to O'Brien, the bill respects the right of college students domiciled in the state to vote in New Hampshire, but stipulates that maintaining a domicile and being a New Hampshire resident are synonymous.

In an eight-page ruling, Lewis disagreed with that interpretation of state law. The judge ruled New Hampshire continues to distinguish between having a “domicile” here and being a “resident.” He called the new wording on the voter registration form an "inaccurate and confusing expression of the law,” and said it “does not pass constitutional muster.”

Lewis said the plaintiffs have demonstrated the new voter registration form has the effect of substantially or severely burdening non-residents attempting to exercise their voting rights.

The state was represented during the court proceedings by Associate Attorney General Richard Head. Contacted on Tuesday morning, Head said his office is “still evaluating what the next steps will be,” and declined to comment on whether an appeal is forthcoming. He said a decision is expected by the end of the week.

“I think at this stage we're considering all of our options," he said.